THE CONSTITUTIONAL COURT OF

THE REPUBLIC OF LITHUANIA

DECISION

On the compliance of the decision of the Seimas of the

Republic of Lithuania "On the dissolution of Vilnius City

Council and some measures necessary to improve the

activities in local governments", adopted on April 15, 1993,

with the Constitution of the Republic of Lithuania

17 September 1993, Vilnius

The Constitutional Court of the Republic of Lithuania,

composed from Justices of the Constitutional Court Algirdas

Gailiūnas, Kęstutis Lapinskas, Zigmas Levickis, Vladas

Pavilonis, Pranas Vytautas Rasimavičius, Stasys Stačiokas,

Teodora Staugaitienė, Stasys Šedbaras and Juozas Žilys,

the secretary of the hearing - Rolanda Stimbirytė,

the petitioner - Petras Algirdas Miškinis,

representative of the group of the members of the Seimas,

the party concerned - the Seimas representatives Juozas

Bernatonis and Nijolė Šidagienė,

pursuant to Part 1 of Article 102 of the Constitution

of the Republic of Lithuania and Part 1 of Article 1 of Law

on the Constitutional Court, the Court in its public sitting

conducted the investigation of Case No 2 subsequent to the

petition submitted to the Court by a group of the Seimas

members to investigate the conformity of the Seimas

decision, adopted on April 15, 1993 "On the dissolution of

Vilnius City Council and some measures necessary to improve

the activities in local governments" with the Constitution

of the Republic of Lithuania.

The Constitutional Court

e s t a b l i s h e d :

Subsequent to the suggestions made by the Government of

the Republic of Lithuania as well as the Seimas Committee

for local governments, the Seimas of the Republic of

Lithuania, by the decision "On the commission for the

investigation of the situation in Vilnius City Council and

Board", adopted on February 3, 1993, formed the commission

and obligated it to present their conclusions to the Seimas

until 31 March, 1993. The commission has taken two

alternative decisions:

1. Not to recommend the Seimas of the Republic of

Lithuania to dissolve Vilnius City Council and to resolve

the issue of dismissing guilty officials from their

respective posts.

2. To take measures for the dissolution of Vilnius City

Council.

The Seimas Committee for local governments in the

sitting on 22 March, 1993 considered the conclusions of the

Commission, approved of them and appealed to the Seimas with

the request to change the status of the Commission entitling

it to the right of proposing the Seimas to dissolve Vilnius

City Council.

The Seimas, pursuant to Article 123 of the Constitution

of the Republic of Lithuania and Article 28 of the Law of

the Republic of Lithuania "On the Fundamentals of Local

Government " as well as the Law "On Direct Administration on

Local Government Territory" and on the basis of the

conclusions of the Commission formed to investigate the

situation in Vilnius City Council and Board, on April 15,

1993 adopted the decision "On the dissolution of Vilnius

City Council and some measures necessary to improve the

activities in local governments". The Seimas decided :

1. To dissolve Vilnius City Council of local government

and to introduce direct administration on local government

territory until the formation of the new Vilnius City

Council.

In the time of direct administration on local

government territory to suspend the validity of the Law of

the Republic of Lithuania on Fundamentals of Local

Government.

2. In conformity with Part 7 of Article 26 of the Law

on Labour Contract, to dismiss from office Valentinas

Šapalas, chairman of Vilnius City Council, Alvydas Karalius,

deputy chairman of the Council, Vytautas Jasiulaitis, mayor

of the city and Vidutis Kamaitis, deputy mayor of the city.

3. To charge the Government of the Republic of

Lithuania with:

(1) immediately appointing an authorised official of

the Government on Vilnius territory and resolving the issues

of transferring to him material values and documentation.

(2) approving the appointment and salary lists of the

staff of the Executive body of the authorised official.

4. To organize elections to Vilnius City Council until

November 28, 1993.

5. To commission the Seimas Committee for Local

Governments of the Republic of Lithuania until May 15, 1993

to draft the amendments to the laws of the Republic of

Lithuania on the Fundamentals of Local Government and

Elections to Councils of Local Government; and the Central

Electoral Committee - to amend the procedure of the

elections to councils of local governments prescribed by law

and set the date for the elections to Vilnius City Council.

6. To present to the Prosecutor General of the Republic

of Lithuania the material collected by the commission formed

to investigate the situation in Vilnius City Council and

Board.

(Parliamentary Record of the Seimas of the Republic of

Lithuania, 1993, No 13-314).

The petitioner requests the Constitutional Court to

investigate the conformity of the Seimas decision, dated

April 15, 1993, "On the dissolution of Vilnius City Council

and some measures necessary to improve the activities in

local governments" with the Constitution of the Republic of

Lithuania. The request is based on the following legal

motives:

1. The Seimas decision was passed in the violation of

Part 2 of Article 69 of the Constitution of the Republic of

Lithuania, as this decision was not adopted by majority vote

of the Seimas members participating in the sitting.

2. The decision in its contents contradicts the

provision established in Part 4 of Article 123 of the

Constitution of the Republic of Lithuania which does not

provide for the dissolution of the Council of local

government. For the purpose of regulating the fundamentals

and the procedure of the introduction of direct

administration, the Seimas should enact a law or coordinate

the law adopted on December 27, 1992 "On Direct

Administration on Local Government Territory" with the

Constitution of the Republic of Lithuania. The above

mentioned law was adopted at the time when the Provisional

Basic Law was in force on the territory of the Republic of

Lithuania.

3. The Seimas groundlessly relied on Article 28 of the

Law on the Fundamentals of Local Government, promulgated on

February 12, 1990, as the conclusions of the Commission did

not specify which acts of the bodies of local government

contradicted the Constitution of the Republic of Lithuania.

Besides, there were no directives on the part of any

authorised State bodies to terminate unlawful actions of the

City Council.

Representatives of the party concerned, considering

that the Seimas decision is in compliance with the

Constitution of the Republic of Lithuania, suggested the

following explanation to the Constitutional Court:

1. The Seimas in passing the decision relied on the

Provisional Seimas Statute, which regulates the procedure of

the enactment of the Seimas laws and other regulations. In

conformity with provisions of the Statute, the number of the

Seimas members participating in the sitting shall be

established by the registration before voting. During the

adoption of Part 1 105 Seimas members were registered, among

them 53 members voted in favour of it, therefore, this part

was adopted in full conformity with the established in the

Seimas procedure. The Seimas members who observe evident

violation of the Provisional Seimas Statute, did not take

into consideration the procedure established in Article 98

of the Statute which provides for the right to demand

further investigation of the case within no less than a

week.

2. Article 3 of the Law on the Procedure of the

Enforcement of the Constitution of the Republic of Lithuania

establishes that provisions of the laws of the Republic of

Lithuania which determine the status of the supreme

institutions of State power and administration of the

Republic of Lithuania as well as the status of deputies of

local governments shall be effective until the elected

Seimas decides otherwise. In conformity with this Article

the conclusion is drawn that the Law on the Fundamentals of

Local Government as a whole and its Article 28, taken

separately, as well as the Law on Direct Administration on

Local Government Territory are valid. It is established in

these laws that the introduction of direct administration on

local government territory is connected with the dissolution

of the Council of local government. Nevertheless, the

petitioner does not appeal to the Court according to the

procedure prescribed by law to prove the compliance of these

laws with the Constitution of the Republic of Lithuania.

3. Article 28 of the Law on the Fundamentals of Local

Government provides for three legal cases of the dissolution

of the Council of local government. Each of them, taken

separately, can be a ground for the dissolution of the

Council of local government. The conclusions of the

Commission as well as their inseparable certificates contain

data enough to prove constant and gross violations of laws

committed by Vilnius City Council and other executive

bodies, which disregard the demands of State bodies to

terminate unlawful acts. Vilnius City Council did not

exercise control over the activities of executive bodies

accountable to it.

The Constitutional Court

holds that:

1. Pertaining to the compliance of the adoption

procedure of the decision of the Seimas of the Republic of

Lithuania "On the dissolution of Vilnius City Council and

some measures necessary to improve the activities in local

governments" adopted on April 15, 1993, with the

Constitution of the Republic of Lithuania.

Pursuant to Point 4 of Part 1 of Article 64 of the Law

on the Constitutional Court, the Court examines a case

concerning the compliance of a legal act with the

Constitution of the Republic of Lithuania only according to

the procedure of adoption which has been specified in the

Constitution.

Article 69 of the Constitution of the Republic of

Lithuania establishes the rules of law enactment. Part 2 of

Article 69 establishes a universally recognized provision

that laws shall be deemed adopted if the majority of the

Seimas members participating in the sitting vote in favour

thereof. The Constitution also establishes the rules of the

Constitutional laws enactment and amendment or supplementing

by a majority vote of two - thirds of the total number of

the deputies. The Constitution of the Republic of Lithuania

does not provide for other provisions concerning the

adoption of laws or other acts of the Seimas. In the

adoption of the Seimas decision in dispute the general rule

established in Part 2 of Article 69 of the Constitution of

the Republic of Lithuania had to be observed.

The Seimas is given the right by the Constitution of

the Republic of Lithuania to establish concrete procedures

of law enactment in accordance with law. At present these

procedures are determined in the Provisional Statute of the

Seimas. The number of Seimas members participating in the

sitting is fixed at the beginning of the sitting by way of

their registration or, upon the instruction of the Chairman

of the Seimas, during the sitting. Subsequent to the

evidence, the Constitutional Court has drawn the conclusions

that the registration of the Seimas members was conducted

immediately before voting Part 1 of the decision in dispute.

The results of voting showed that Part 1 of the decision "On

the dissolution of Vilnius City Council and some measures

necessary to improve the activities in local governments"

was adopted by the majority vote of all the Seimas members

participating in the sitting.

2. Pertaining to the compliance of the Seimas decision

"On the dissolution of Vilnius City Council and some

measures necessary to improve the activities in local

governments" with Article 123 of the Constitution of the

Republic of Lithuania.

Article 152 of the Constitution of the Republic of

Lithuania prescribes that the procedure for the enforcement

of this Constitution and separate provisions thereof shall

be regulated by Law of the Republic of Lithuania "On the

Procedure for the Enforcement of the Constitution of the

Republic of Lithuania", which together with the Constitution

of the Republic of Lithuania was adopted by referendum.

In compliance with Article 3 of this law, provisions of

the laws of the Republic of Lithuania which determine the

status of the supreme institutions of State power and

administration of the Republic of Lithuania as well as the

status of deputies and local governments shall be effective

until the elected Seimas decides otherwise. Therefore, Part

1 of Article 123 of the Constitution of the Republic of

Lithuania entitles Seimas to the right to introduce direct

administration on local government territory in cases and

according to the procedures provided by law, that are

determined by Law "On the Fundamentals of Local

Government", 12 February, 1990 and Law "On Direct

Administration on Local Government Territory", 27 December,

1990.

Article 2 of the Law of the Republic of Lithuania "On

Direct Administration on Local Government territory"

establishes that direct administration is introduced on the

dissolution of a respective local government Council, on the

release from office officials appointed or elected to this

post and on the suspension of the validity of the laws on

local government.

The Seimas of the Republic of Lithuania is entitled to

the right to apply these laws, to resolve the issue of the

dissolution of the Council of local government, temporarily

introducing direct administration and suspending the laws of

local government on its territory. This procedure shall be

changed by a new law.

The Seimas of the Republic of Lithuania while adopting

the decision "On the dissolution of Vilnius City Council and

some measures necessary to improve the activities in local

governments" which provides for the following cases and

procedures of the dissolution of Council of local

government: if the activity of the bodies of local

government contradicts the Basic Law of the Republic of

Lithuania; if the bodies of local government grossly violate

the laws of the Republic of Lithuania or constitutional

rights of citizens, disregarding the demands of the

authorized state bodies of the Republic of Lithuania to

terminate illegal action. The Council of local government

shall be dissolved by the motivated decision of the Seimas

of the Republic of Lithuania adopted on the basis of the

conclusions presented by the specially formed commission of

the deputies of the Seimas.

The Commission formed to investigate the situation in

Vilnius City Council and Board stated in their conclusions

and suggestions that Vilnius City Council does not resolve

the issue concerning the economic and strategic

infrastructure of the city, does not effectively supervise

the activities of the Board, does not have the conception of

the city territory supervision for which reason the

activities of the Council of People's Deputies are

diminished, does not exercise control of the process of

privatization, constant violations of the directives of the

Government concerning the lease of uninhabited lodging can

be observed, it rents plots of land on a non-competition

basis and the organization of the privatization of the plots

of land is insufficient. Some officials abusing their

official position, have acquired or changed their flats. In

the conclusions and suggestions it is specified that Vilnius

City Council and its Board have made violations of the

financial discipline in establishing the tariffs of housing

maintenance, did not ensure the supply of the citizens with

hot water according to fixed timetables as well as other

violations established in certificates No 4, No 5, No 6.

However, the Commission, having enumerated all the

above mentioned violations, did not qualify them according

to the provisions prescribed in Part 1 of Article 28 of the

Law "On the Fundamentals of Local Government" as well as did

not shape the conclusion concerning the dissolution of

Vilnius City Council, presenting the Seimas only two

alternative decisions.

The Seimas of the Republic of Lithuania in the decision

"On the dissolution of Vilnius City Council and some

measures necessary to improve activities in local

governments" did not specify legal motives, i.e. the

decision does not specify which decisions and regulations of

Vilnius City Council and local government contradict the law

of the Republic of Lithuania and the constitutional rights

of the citizens.

The Seimas, having adopted the unmotivated decision,

violated the provision of Part 2 of the Law of the Republic

of Lithuania "On the Fundamentals of Local Government",

which is based on Article 123 of the Constitution of the

Republic of Lithuania.

Pursuant to Article 102 of the Constitution of the

Republic of Lithuania as well as Articles 53, 54, 55 and 56

of the Law on the Constitutional Court, the Constitutional

Court has taken the following decision:

The Seimas decision, adopted on April 15, 1993, "On the

dissolution of Vilnius

City Council and some measures necessary to improve the

activities in local governments" contradicts Article 123 of

the Constitution of the Republic of Lithuania.

This decision of the Constitutional Court is final and

shall not be appealed against.

The decision is promulgated on behalf of the Republic

of Lithuania.

Justices of the Constitutional Court:

Algirdas Gailiūnas Kęstutis Lapinskas

Zigmas Levickis Vladas Pavilonis

Pranas Vytautas Rasimavičius Stasys Stačiokas

Teodora Staugaitienė Stasys Šedbaras

Juozas Žilys